Part 1:
Sexual Violence in Sudan: Social and Legal Conditions
Olivia Licata
The eruption of conflict in April 2023 has brought a resurgence of rape perpetrated by military forces in Sudan. Despite the already widespread rape in Sudan during previous conflicts, there are still no legal protections for victims. Consequently, victims are left with no recourse and so return to traditional social practices such as early marriage, genital mutilation, and rural resettlement to protect themselves against repeated sexual violence.
This investigation is composed of two parts. The first part will provide insight into the legal and social conditions under which women experience rape in Sudan. This background will provide necessary context for the second part, which reveals how women are turning to conservative social traditions to protect themselves from rape in the most recent conflict. Over these two papers, I will demonstrate how the failure of legal institutions to protect women, especially in times of conflict, leads to the diminishment of womens’ agency and freedom.
​
​
​
​
​
​
​
​
​
​
​
​
​
​
​
(UN Women)​​​​​​
​
Background of rape in Sudanese conflicts
Rape has been a central component of the violence that has occurred in Sudan for decades. Since the Civil War began in 1955, rape has been used as a strategic weapon to hurt communities, assert dominance over territory, and oppress people politically.[1]
Evidence from the most recent outbreak of conflict in April 2023 demonstrates the perpetuation of raping as a political and military strategy. The United Nations released a report in September 2024 announcing the “disturbing rise in cases of women and girls being abducted and subjected to rape, forced marriage, and sexual captivity” in Sudan.[2] Three months later, the UN released another report that found that more than 6.7 million people, over 13% of the population, were in need of services related to gender-based violence.[3] Thus, sexual violence in Sudan is resulting in a significant need for health services, community rehabilitation programs, and justice initiatives.
The Human Rights Council released a report in October 2024 calling out both the Sudanese Armed Forces (SAF) and the Rapid Response Forces (RSF) for their human rights violations and war crimes.[4] However, it specifically highlights that the RSF has committed widespread “sexual and gender-based violence, rape, and sexual slavery.”[5] Reports reveal that victims would be assaulted in front of their family members, raped by multiple individuals, and held captive to be raped repeatedly for days.[6] There is a racialized motivation behind the violence, as non-Arab communities, such as the Masalit, tend to be targeted.[7] The UN argues that there are in fact “reasonable grounds” to believe that the RSF is persecuting people based on their ethnicity and gender, revealing the intersectional vulnerability that non-Arab women in Sudan face.[8]
Furthermore, sexual violence is transcending socioeconomic and geographic status, impacting people throughout the country. During previous Sudanese conflicts, the majority of rapes committed occurred in rural regions, such as Darfur.[9] However, the current conflict includes rapes in more populated and wealthy regions, such as Khartoum.[10] Dr. Bakry Elmedni, President-Elect of the Sudans Studies Association (SSA), argues that the occurrence of rape in Khartoum has elevated the issue of conflict-related sexual violence in Sudan to an international level, bringing more attention to the issue that ever before.[11]
To better understand the implications of conflict-related rape, it is necessary to understand how social and legal conditions shape the experience of women in Sudan in general. Two aspects of Sudan that are important to contextualize rape and its impacts are the laws regarding sex and child rearing, and the culture of shame and silence surrounding sexual assault. Analysis into these two areas will reveal how sexual violence uniquely impacts women in Sudan throughout peace and war times.
Legal Barriers
According to Sudanese law, the nature of sex is determined by the relationship status between the two individuals. If two people have sex and are married, then the sex is legal.[12] This includes non consensual marital sex.[13] If two people have sex and are not married, the sex is illegal under all circumstances.[14] This includes consensual and non consensual sex.[15] The framing of sex within the institution of marriage makes it practically impossible for people to accuse others of rape without implicating themselves. This dynamic contributes to the oppression of women, given that they are the primary victims of rape in Sudan, because they are unable to seek justice after being assaulted and are burdened with the responsibility of fighting for their human rights.[16]
Rape within marriage is not recognized because the law mandates that women must obey their husbands in every aspect of their life.[17] Therefore, if a husband forces his wife to have sex with him, he is not legally raping her. Of a study of 150 married women in Khartoum, 43% reported having been subject to “forced sex and violent sex.”[18] By creating an environment where women are subject to the desires of their husbands, the Sudanese law fosters conditions for frequent marital rape. This emphasis on marital status provides a loophole for people to rape minors. If an adult is married to a child, they are legally allowed to have sex with them.[19] However, when a married woman is raped by a man who is not her husband, she can be prosecuted for adultery.
The criminalization of sex outside of marriage in Sudan makes it risky for women to pursue charges against their rapist, as they wager being accused of adultery. For a women to claim to have been raped, she must have four male witnesses.[20] Given the extremely low likelihood that there were four witnesses to the rape, women have little to no legal grounds to prosecute their rapist. Furthermore, because rape can be defined as adultery by law, women who are raped are vulnerable to being prosecuted for adultery. This strict framework around sex is based on the emphasis on sexual morality baked into Sharia (Islamic) law. In Sudan, the federal legal framework is based on Sharia law. The framework dictates that fornication and adultery (zina) are illegal, promoting strict standards for sexual behavior.[21] Dr. Liz Tonnessen, scholar on the Middle East and Northern Africa, explains how the association of rape with zina practically ensures that rapists are immune to legal consequences because women tend to be scapegoated for abuses of the social sexual covenant.[22] Therefore, many women are hesitant to pursue legal measures against their rapists because the likelihood of justice is low and they fear retribution through adultery charges.[23]
In fact, the majority of adultery cases in Sudan are against women, demonstrating how adultery charges are used to obscure rape accusations.[24] In 2022, a 20-year old woman was accused of adultery by her ex-husband, whom she had been separated from for a year.[25] She was sentenced to death by stoning, which was condemned by locals and international human rights organizations alike. While stoning is not explicitly mentioned in the Quran (though flogging is), it tends to be a common form of punishment for those convicted of zina in countries under Sharia law.[26] This was the first case of its kind to be internationally recognized in 10 years. However, Hala Al-Karib, regional director of the Strategic Initiative for Women in the Horn of Africa, explains that it's likely that there have been other cases that have gone unnoticed.[27] Therefore, the risk of prosecution for adultery that women undertake when attempting to hold their rapist (husband or not) accountable decreases the likelihood that a women will report the rape and access justice for the crime.
The second issue that women experience after being raped in Sudan is dealing with unwanted pregnancies and birthing children of their attackers. According to the Strategic Initiative for Women in the Horn of Africa, of the 244 cases of sexual violence that have been documented since the onset of the war in April 2024, 14 resulted in unwanted pregnancies. It is highly likely that the true number of rapes and unwanted pregnancies is significantly larger. Nevertheless, pregnancy resulting from rape creates legal and social problems for women due to the consequences for sex outside of marriage, as explained above, and the conservative nature of Sudanese society regarding sex. Therefore, many women have difficulty accessing healthcare resources and receiving community support.[28] According to the report, since April 2024 there are seven women who have committed suicide after being raped and impregnanted.[29] There are also many reports of women fleeing their community to live in border towns or in other countries to avoid social alienation and intimidation. These tragedies reflect how women are left trapped by both the law and the norms of their community after being raped, even during peace time.
The violence against women that took place during the genocide in Darfur between 2003 and 2008 revealed the significant need for legal protections for women. In November 2005, the Sudanese government launched the National Action Plan on Combating Violence Against Women with the aim of involving women in peace- building, keeping and negotiations, and in post-conflict reconstruction and development plans.[30] In December 2005, the Sudanese Ministry of Justice established the Violence Against Women (VAW) Unit to collect data on the occurrence of sexual violence.[31]
However, these initiatives failed to address root social causes of sexual violence, prevent the persistent incidents of sexual violence, or change the legal structure that holds perpetrators accountable.[32] Moreover, the government simultaneously promoted the idea that the violence against women is occurring because “people have turned away from religious teachings urging lenity towards women and children.”[33] By blaming changing social norms for the violence, the government failed to recognize how structural factors make men feel empowered to rape women. Thus, the existence of these institutions did not help to prevent sexual violence in the most recent conflict, and if anything, contributed to the perpetuation of the legal conditions that make it possible for rape to occur without retribution.
​
​
​
​
​
​
​
​
​​
​
​
​
​
(UN Women)
Culture of Honor and Shame
Sudan is a highly conservative and patriarchal society.[34] Patriarchy and social conservatism are institutionalized in the law, allowing for inequality and oppression to occur. Therefore, conversations about sex and rape are generally stigmatized, creating a culture of shame and silence.[35] Dr. Awad Ibrahim, a professor at the University of Ottawa, explains how women who are raped “do not know what to do with the pain” because they have no way of processing it.[36] The dearth of supportive outlets, primarily due to the social stigma around sex, leaves many women feeling hopeless after being raped. Dr. Bakry Elmedni details how women who have been raped do not have many options due to the intense shame associated with rape.[37] Oftentimes they “disappear,” either by leaving their community or by committing suicide.[38] Therefore, the culture of shame fosters an unsafe environment for women, forcing them to make life-changing decisions if they are raped.
The idea of honor, or sharaf, is pervasive in Sudan. People are motivated to act in specific ways due to their desire to protect their honor.[39] Individual honor is also a reflection of the honor of the family and clan, making it a central component of family and community cohesion.[40] Dr. Awad Ibrahim explains that honor is also deeply intertwined with perceptions of sexual modesty.[41] Womens’ bodies are seen as sacred, which is why women must dress modestly and refrain from co-mingling with men.[42] If a woman is even suspected of acting promiscuously, she may ruin her family’s reputation and be forced to leave.[43] Therefore, when rape occurs, women lose their honor and thus hurt their family’s honor, causing deep chasms in families and communities.
The women who bear the children of their rapists often have a difficult time legally registering their child due to legal obstacles that make men the primary parent of children.[44] These children are often perceived as illegitimate, making it challenging for them to be accepted by their community. In fact, many women find it impossible to raise these children, forcing them to abandon them. There is an orphanage in Khartoum called the Mygoma Orphanage that the Sudanese government established in 1961 for abandoned children, the majority of whom are products of rape.[45] Several hundred children are left here each year.[46] This orphanage is a reflection of the intense culture of shame and the legal barriers that women face following being raped.
Conclusion
This paper introduces the nature of the most recent sexual violence in Sudan and reveals how Sudanese women are oppressed by patriarchal structures that promote shame, silence, and injustice. Because Sudan’s legal structures and social norms inhibit womens’ ability to seek help and retribution following rape during peacetime, it is practically impossible for women to receive formal support. The second half of this investigation will uncover tactics that Sudanese women use to protect themselves from rape in the context of the current war.
Endnotes
3. Schlein, “Sexual Violence Used as Weapon of War throughout Conflict in Sudan.”
8. “Sudan.”
10. Osman, “‘Khartoum Is Not Safe for Women!’”
11. Bakry Elmedni and Olivia Licata, Interview with Dr. Bakry Elmedni, February 14, 2024.
16. Osman, “‘Khartoum Is Not Safe for Women!’”
17. Tønnessen, “From Impunity to Prosecution?”
18. Tønnessen.
19. Tønnessen.
22. Tønnessen, “From Impunity to Prosecution?”
23. Tønnessen.
25. Mohan.
27. Mohan, “Sudan: ‘No-One to Intervene’ for Woman Sentenced to Stoning.”
33. Tønnessen, “From Impunity to Prosecution?”
34. Entisar Abdelsadig and Olivia Licata, Interview with Entisar Abdelsadig, February 18, 2024.
36. Awad Ibrahim and Olivia Licata, Interview with Dr. Awad Ibrahim, February 19, 2024.
37. Elmedni and Licata, Interview with Dr. Bakry Elmedni.
40. Mekonnen Tegegn.
41. Ibrahim and Licata, Interview with Dr. Awad Ibrahim.
42. Mekonnen Tegegn, “A Quest for Better Protection.”
43. Mekonnen Tegegn.
44. Elmedni and Licata, Interview with Dr. Bakry Elmedni.
46. “The Heroic Race to Rescue 370 Orphans from a War Zone—Twice.”
Bibliography
1991 Criminal Act. Accessed February 21, 2025. https://features.hrw.org/features/african-union/files/Sudan%20-%201991%20Criminal%20Act%20as%20amended%20in%202009.pdf.
Abdelsadig, Entisar, and Olivia Licata. Interview with Entisar Abdelsadig, February 18, 2024.
Bergoffen, Debra. “Exploiting the Dignity of the Vulnerable Body: Rape as a Weapon of War.” Philosophical Papers38, no. 3 (November 1, 2009): 307–25. https://doi.org/10.1080/05568640903420889.
Buss, Doris E. “Rethinking ‘Rape as a Weapon of War.’” Feminist Legal Studies 17, no. 2 (August 1, 2009): 145–63. https://doi.org/10.1007/s10691-009-9118-5.
Carter, K. R. “Should International Relations Consider Rape a Weapon of War?” Politics & Gender 6, no. 3 (September 2010): 343–71. https://doi.org/10.1017/S1743923X10000280.
“Crisis in Sudan: War, Famine, and a Failing Global Response.” Accessed January 15, 2025. https://www.cfr.org/article/crisis-sudan-war-famine-and-failing-global-response.
Diken, Bülent, and Carsten Bagge Laustsen. “Becoming Abject: Rape as a Weapon of War.” Body & Society 11, no. 1 (March 1, 2005): 111–28. https://doi.org/10.1177/1357034X05049853.
Elmedni, Bakry, and Olivia Licata. Interview with Dr. Bakry Elmedni, February 14, 2024.
Fein, Helen. “Genocide by Attrition 1939-1993: The Warsaw Ghetto, Cambodia, and Sudan: Links between Human Rights, Health, and Mass Death.” Health and Human Rights 2, no. 2 (1997): 10–45. https://doi.org/10.2307/4065270.
“Findings of the Investigations Conducted by the Independent International Fact-Finding Mission for the Sudan into Violations of International Human Rights Law and International Humanitarian Law, and Related Crimes, Committed in the Sudan in the Context of the Conflict That Erupted in Mid-April 2023.” Human Rights Council, October 23, 2024. https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/sessions-regular/session57/A-HRC-57-CRP-6-en.pdf.
Global Conflict Tracker. “Civil War in Sudan.” Accessed January 15, 2025. https://www.cfr.org/global-conflict-tracker/conflict/power-struggle-sudan.
Hagen, Kristen, and Sophie Yohani. “The Nature and Psychosocial Consequences of War Rape for Individuals and Communities.” International Journal of Psychological Studies 2, no. 2 (November 21, 2010): p14. https://doi.org/10.5539/ijps.v2n2p14.
Hudson, Cameron. “What Is Driving Violent Unrest in Sudan?,” April 18, 2023. https://www.csis.org/analysis/what-driving-violent-unrest-sudan.
Ibrahim, Awad, and Olivia Licata. Interview with Dr. Awad Ibrahim, February 19, 2024.
Kaiser, Joshua, and John Hagan. “Gendered Genocide: The Socially Destructive Process of Genocidal Rape, Killing, and Displacement in Darfur.” Law & Society Review 49, no. 1 (March 2015): 69–107. https://doi.org/10.1111/lasr.12122.
Manashaw, Linnea D. “Genocide and Ethnic Cleansing: Why the Distinction - A Discussion in the Context of Atrocities Occurring in Sudan Comment.” California Western International Law Journal 35, no. 2 (2005 2004): 303–32.
Mekonnen Tegegn, Dunia. “A Quest for Better Protection: Sudanese Women Today.” AfricLaw, November 11, 2021. https://africlaw.com/2021/11/11/a-quest-for-better-protection-sudanese-women-today/.
Mohan, Megha. “Sudan: ‘No-One to Intervene’ for Woman Sentenced to Stoning,” October 26, 2022. https://www.bbc.com/news/world-africa-63383361.
Ngema, Nqobizwe Mvelo, and Desan Iyer. “Penalty for Committing Fornication & Adultery (Zina) in Islamic Law as a Violation of Freedom from Torture.” SSRN Scholarly Paper. Rochester, NY, March 2, 2023. https://papers.ssrn.com/abstract=4376178.
Office of the High Commissioner of Human Rughts. “Sudan: UN Fact-Finding Mission Outlines Extensive Human Rights Violations, International Crimes, Urges Protection of Civilians,” September 6, 2024. https://www.ohchr.org/en/press-releases/2024/09/sudan-un-fact-finding-mission-outlines-extensive-human-rights-violations.
Osman, Mohamed. “‘Khartoum Is Not Safe for Women!’” Human Rights Watch, July 28, 2024. https://www.hrw.org/report/2024/07/28/khartoum-not-safe-women/sexual-violence-against-women-and-girls-sudans-capital.
POLITICO. “UN Sounds Alarm on Darfur, Warns World Not to Repeat History,” November 11, 2023. https://www.politico.com/news/2023/11/11/un-sounds-alarm-on-darfur-warns-world-not-to-repeat-history-00126708.
Sackellares, Stephanie N. “From Bosnia to Sudan: Sexual Violence in Modern Armed Conflict Twentieth Anniversary Celebration.” Wisconsin Women’s Law Journal 20, no. 1 (2005): 137–66.
Schlein, Lisa. “Sexual Violence Used as Weapon of War throughout Conflict in Sudan.” Voice of America, September 28, 2024. https://www.voanews.com/a/sexual-violence-used-as-weapon-of-war-throughout-conflict-in-sudan/7802951.html.
“Sexual Violence: A Tool of War.” United Nations Department of Public Information, March 2014. https://www.un.org/en/preventgenocide/rwanda/assets/pdf/Backgrounder%20Sexual%20Violence%202014.pdf.
Strategic Initiative for Women in the Horn of Africa. “The Aftermath of Rape: Unwanted Pregnancies and Abandoned Children,” April 25, 2024. https://sihanet.org/the-aftermath-of-rape-unwanted-pregnancies-and-abandoned-children/.
“Sudan: Five Years on - No Justice for Sexual Violence in Darfur - Sudan.” United Nations Office for the Coordination of Humanitarian Affairs, April 7, 2008. https://reliefweb.int/report/sudan/sudan-five-years-no-justice-sexual-violence-darfur.
“Sudan: Justice Elusive for Rape Victims - Sudan |,” March 12, 2010. https://reliefweb.int/report/sudan/sudan-justice-elusive-rape-victims.
Tønnessen, Liv. “From Impunity to Prosecution? Sexual Violence in Sudan beyond Darfur,” March 1, 2012. https://open.cmi.no/cmi-xmlui/handle/11250/2475358.
UN Women. “Women Grapple with Unplanned Pregnancies after Sexual Violence in Sudan War,” April 10, 2024. https://www.unwomen.org/en/news-stories/feature-story/2024/04/women-grapple-with-unplanned-pregnancies-after-sexual-violence-in-sudan-war.
United Nations in Sudan. “The Humanitarian Country Team in Sudan Is Deeply Alarmed by a Rise in Conflictrelated Sexual Violence,” September 26, 2024. https://sudan.un.org/en/279811-humanitarian-country-team-sudan-deeply-alarmed-rise-conflictrelated-sexual-violence, https://sudan.un.org/en/279811-humanitarian-country-team-sudan-deeply-alarmed-rise-conflictrelated-sexual-violence.
United States Department of State. “Digital Press Briefing- War Crimes, Crimes Against Humanity, and Ethnic Cleansing Determination in Sudan.” Accessed February 21, 2025. https://2021-2025.state.gov/digital-press-briefing-war-crimes-crimes-against-humanity-and-ethnic-cleansing-determination-in-sudan/digital-press-briefing-war-crimes-crimes-against-humanity-and-ethnic-cleansing-determination-in-sudan/.
Wagner, Justin. “The Systematic Use of Rape as a Tool of War in Darfur: A Blueprint for International War Crimes Prosecutions Note.” Georgetown Journal of International Law 37, no. 1 (2006 2005): 193–244.
Wall Street Journal. “The Heroic Race to Rescue 370 Orphans from a War Zone—Twice,” December 31, 2024. https://www.wsj.com/world/africa/sudan-war-mygoma-orphanage-276d4eb0.
Wallström, Margot. “Rape as a Tactic of War.” United Nations Development Fund For Women, n.d.
Women Peace and Security Programme of the Women’s International League of Peace and Freedom. “Sudan – 1325 National Action Plans.” Accessed February 26, 2025. https://1325naps.peacewomen.org/index.php/sudan-nap/.
